38262 Federal Register / Vol. 86, No. 136 / Tuesday, July 20, 2021 / Proposed Rules 

A federalism summary impact statement 

is not required. From a federalism 

perspective, the designation of critical 

habitat directly affects only the 

responsibilities of Federal agencies. The 

Act imposes no other duties with 

respect to critical habitat, either for 

States and local governments, or for 

anyone else. As a result, the proposed 

rule does not have substantial direct 

effects either on the States, or on the 

relationship between the Federal 

Government and the States, or on the 

distribution of powers and 

responsibilities among the various 

levels of government. As noted above, 

the proposed decision here would 

remove areas from designation. 

Where State and local governments 

require approval or authorization from a 

Federal agency for actions that may 

affect critical habitat, consultation 

under section 7(a)(2) of the Act would 

be required. While non-Federal entities 

that receive Federal funding, assistance, 

or permits, or that otherwise require 

approval or authorization from a Federal 

agency for an action, may be indirectly 

impacted by the designation of critical 

habitat, the legally binding duty to 

avoid destruction or adverse 

modification of critical habitat rests 

squarely on the Federal agency. Further, 

in this document, we are proposing only 

exclusions from the northern spotted 

owl’s critical habitat designation; we are 

not proposing to designate additional 

lands as critical habitat for the species. 

Civil Justice Reform—Executive Order 

12988 

In accordance with Executive Order 

12988 (Civil Justice Reform), the Office 

of the Solicitor has determined that the 

rule would not unduly burden the 

judicial system and that it meets the 

requirements of sections 3(a) and 3(b)(2) 

of the Order. We have proposed revising 

designated critical habitat in accordance 

with the provisions of the Act. To assist 

the public in understanding the habitat 

needs of the species, the December 4, 

2012, final rule (77 FR 71876) identifies 

the elements of physical or biological 

features essential to the conservation of 

the species, and we are not proposing 

any changes to those elements in this 

document. The areas we are proposing 

for exclusion from the designated 

critical habitat are described in this 

document and the maps and coordinates 

or plot points or both of the subject 

areas are included in the administrative 

record and are available at http://

www.fws.gov/oregonfwo and at http://

www.regulations.gov under Docket No. 

FWS–R1–ES–2020–0050. 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.) 

This rule does not contain 

information collection requirements, 

and a submission to the Office of 

Management and Budget (OMB) under 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.) is not required. 

We may not conduct or sponsor, and 

you are not required to respond to, a 

collection of information unless it 

displays a currently valid OMB control 

number. 

National Environmental Policy Act (42 

U.S.C. 4321 et seq.) 

It is our position that, outside the 

jurisdiction of the U.S. Court of Appeals 

for the Tenth Circuit (see Catron Cty. 

Bd. of Comm’rs, New Mexico v. U.S. 

Fish & Wildlife Serv., 75 F.3d 1429 (10th 

Cir. 1996), we do not need to prepare 

environmental analyses pursuant to 

NEPA (42 U.S.C. 4321 et seq.) in 

connection with designating critical 

habitat under the Act. We published a 

notice outlining our reasons for this 

determination in the Federal Register 

on October 25, 1983 (48 FR 49244). This 

position was upheld by the U.S. Court 

of Appeals for the Ninth Circuit in 

Douglas County v. Babbitt, 48 F.3d 1495 

(9th Cir. 1995). 

Government-to-Government 

Relationship With Tribes 

In accordance with the President’s 

memorandum of April 29, 1994 

(Government-to-Government Relations 

with Native American Tribal 

Governments; 59 FR 22951), Executive 

Order 13175 (Consultation and 

Coordination with Indian Tribal 

Governments), and the Department of 

the Interior’s manual at 512 DM 2, we 

readily acknowledge our responsibility 

to communicate meaningfully with 

recognized Federal Tribes on a 

government-to-government basis. In 

accordance with Secretarial Order 3206 

of June 5, 1997 (American Indian Tribal 

Rights, Federal-Tribal Trust 

Responsibilities, and the Endangered 

Species Act), we readily acknowledge 

our responsibilities to work directly 

with Tribes in developing programs for 

healthy ecosystems and that Indian land 

occurs within the areas designated as 

critical habitat for the northern spotted 

owl. We will continue to work with 

Tribal entities during the development 

of a final rule for the revised designation 

of critical habitat for the northern 

spotted owl. 

References Cited 

A complete list of references cited in 

this rulemaking is available on the 

internet at http://www.regulations.gov 

and upon request from the Oregon Fish 

and Wildlife Office (see FOR FURTHER

INFORMATION CONTACT). 

Authors 

The primary authors of this proposed 

rule are the staff members of the Oregon 

Fish and Wildlife Office. 

List of Subjects in 50 CFR Part 17 

Endangered and threatened species, 

Exports, Imports, Reporting and 

recordkeeping requirements, 

Transportation. 

Authority 

This action is authorized under 16 

U.S.C. 1531–1544. 

Martha Williams, 

Principal Deputy Director, Exercising the 

Delegated Authority of the Director, U.S. Fish 

and Wildlife Service. 

[FR Doc. 2021–15414 Filed 7–19–21; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 210510–0103] 

RIN 0648–BI08 

Atlantic Highly Migratory Species; 

Atlantic Bluefin Tuna Fisheries 

Management; Extension of Comment 

Period 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; extension of 

comment period. 

SUMMARY: On May 21, 2021, NMFS 

published the proposed rule for Draft 

Amendment 13 to the 2006 

Consolidated Highly Migratory Species 

(HMS) Fishery Management Plan (FMP) 

to modify management measures 

applicable to the incidental and directed 

bluefin fisheries. In the proposed rule, 

NMFS announced a 60-day comment 

period ending on July 20, 2021. During 

a public webinar, the Blue Water 

Fishermen’s Association requested that 

NMFS extend the comment period to 

provide additional opportunities for the 

public and other interested parties to 

consider and comment on the proposed 

measures and related analyses. NMFS is 

extending the comment period for this 

action until September 20, 2021. NMFS 

will consider comments received on the 

proposed rule in determining whether 


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Federal Register / Vol. 86, No. 136 / Tuesday, July 20, 2021 / Proposed Rules 38263 

and how to implement final 

management measures. 

DATES: The comment period for the 

proposed rule published May 21, 2021, 

at 86 FR 27686, is extended. Comments 

should be received on or before 

September 20, 2021. 

ADDRESSES: You may submit comments 

on the proposed rule, as published on 

May 21, 2021 (86 FR 27686), identified 

by ‘‘NOAA–NMFS–2019–0042,’’ by 

electronic submission. Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

https://www.regulations.gov/docket/ 

NOAA-NMFS-2019-0042, click the 

‘‘Comment’’ icon, complete the required 

fields, and enter or attach your 

comments. Comments sent by any other 

method, to any other address or 

individual, or received after the close of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 

and generally will be posted for public 

viewing on www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter 

‘‘N/A’’ in the required fields if you wish 

to remain anonymous). Attachments to 

electronic comments will be accepted in 

Microsoft Word, Excel, or Adobe PDF 

file formats only. Written comments 

regarding the burden-hour estimates or 

other aspects of the collection-ofinformation requirements contained in 

this proposed rule may also be 

submitted via www.reginfo.gov/public/ 

do/PRAMain. Find this particular 

information collection by selecting 

‘‘Currently under Review—Open for 

Public Comments’’ or by using the 

search function.’’ 

Copies of the supporting documents— 

including the draft environmental 

impact statement (DEIS), Regulatory 

Impact Review (RIR), Initial Regulatory 

Flexibility Analysis (IRFA), the ThreeYear Review of the IBQ Program, and 

the 2006 Consolidated HMS FMP and 

amendments are available from the 

HMS website at https://

www.fisheries.noaa.gov/topic/atlantichighly-migratory-species or by 

contacting Tom Warren 

(Thomas.Warren@noaa.gov). 

FOR FURTHER INFORMATION CONTACT: Tom 

Warren—(978) 281–9260 

(Thomas.Warren@noaa.gov) or Karyl 

Brewster-Geisz—(301) 427–8503 

(Karyl.Brewster-Geisz@noaa.gov). 

SUPPLEMENTARY INFORMATION: The 

Atlantic bluefin tuna fisheries are 

managed under the dual authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) and the 

Atlantic Tunas Convention Act (ATCA). 

The 2006 Consolidated HMS FMP and 

its amendments are implemented by 

regulations at 50 CFR part 635. A brief 

summary of the background of this 

proposed rule is provided below. 

Additional information regarding 

bluefin tuna management can be found 

in the proposed rule (86 FR 27686; May 

21, 2021), the DEIS accompanying the 

proposed rule, the 2006 Consolidated 

HMS FMP and its amendments, the 

annual HMS Stock Assessment and 

Fishery Evaluation (SAFE) Reports, and 

online at: https://

www.fisheries.noaa.gov/topic/atlantichighly-migratory-species. 

On May 21, 2021 (86 FR 27686), 

NMFS published Draft Amendment 13 

to the 2006 Consolidated Highly 

Migratory Species (HMS) Fishery 

Management Plan (FMP), proposing to 

modify management measures 

applicable to the incidental and directed 

bluefin fisheries. As described in the 

proposed rule, the measures would 

make several changes to the Individual 

Bluefin Quota (IBQ) Program in the 

pelagic longline fishery for Atlantic 

HMS. Proposed changes included the 

distribution of IBQ shares only to active 

vessels, implementation of a cap on IBQ 

shares that may be held by an entity, 

and implementation of a cost recovery 

program. The proposed measures would 

also make changes to directed bluefin 

fisheries by discontinuing the Purse 

Seine category and reallocating that 

bluefin quota to other directed quota 

categories; capping Harpoon category 

daily bluefin landings; modifying the 

recreational trophy bluefin areas and 

subquotas; modifying regulations 

regarding electronic monitoring of the 

pelagic longline fishery as well as greenstick use; and modifying the regulation 

regarding permit category changes. 

Blue Water Fishermen’s Association 

requested the comment period be 

extended at the July 8, 2021, public 

webinar. In their request they noted that 

the HMS Advisory Panel had 

insufficient time to review the DEIS 

between its release on May 21, 2021, 

and the Spring HMS Advisory Panel 

meeting on May 25 through 27, 2021. 

They were also concerned that NMFS’ 

presentation to the HMS Advisory Panel 

did not include all of the alternatives 

analyzed in the DEIS and that there was 

insufficient time during the meeting to 

fully discuss the proposed measures, the 

alternatives, and their impacts. After 

considering the request and in light of 

similar comments the Spring HMS 

Advisory Panel meeting, NMFS has 

determined that it is reasonable to 

extend the comment period to enable 

the HMS Advisory Panel to further 

discuss Amendment 13 at its Fall 2021 

meeting in September and to allow 

additional opportunities for public 

comment. Therefore, NMFS is extending 

the comment period until September 20, 

2021. This revised comment period 

allows time for HMS Advisory Panel 

members, the regulated community, and 

the general public to further consider 

the rulemaking documents, and the 

analyses, data, and conclusions relevant 

to the proposed management measures 

in them, and to provide comments to 

NMFS. NMFS will consider these 

comments in determining which final 

management measures to implement. 

Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 

1801 et seq. 

Dated: July 13, 2021. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2021–15374 Filed 7–19–21; 8:45 am] 

BILLING CODE 3510–22–P 


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